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2016 DAILYLAW 2470 (BOM)

MR. RAJAN PANDHRINATH AHIRE v. THE MUNICIPAL CORPORATION OF BRIHANMUMBAI AND ORS.

WP/8146/2016 · 2026-01-28

Gauri Godse

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Judgment text

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28-WP-8146-2016.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8146 OF 2016 Rajan Pandhrinath Ahire … Petitioner Vs. The Municipal Corporation Of Brihanmumbai and Ors. … Respondents None for the petitioner. Mr. Santosh Mali for the respondent nos. 1 to 3. CORAM : GAURI GODSE, J. DATE : 28th JANUARY 2026 ORDER : 1. None for the petitioners. 2. This petition is filed by the original defendant no.4 to challenge the order passed by the trial court rejecting his application for framing additional issues. 3. The impugned order is purely an interlocutory order. Normally, the court should be slow in interfering with such interlocutory order. In view of Section 105 of the Code of Criminal Procedure, 1908 (“CPC”) it will always be open for the petitioner to challenge the impugned order in an appeal, in the event the final decree is adverse to the petitioner. 1/2 Swapnil 2026:BHC-AS:2619 28-WP-8146-2016.docx 4. Hence, this is not a case to interfere with the impugned order in exercise of the discretionary jurisdiction under Article 227 of the Constitution of India 5. Subject to the aforesaid observations, and reserving the right under Section 105 of the Code of Civil Procedure, the petition is dismissed. [GAURI GODSE, J.] 2/2